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INDUSTRIAL INDEM. CO. v. INDUS. COM'N

No. 1 CA-IC 88-148.

162 Ariz. 503 (1989)

784 P.2d 709

INDUSTRIAL INDEMNITY COMPANY, Petitioner Carrier, O'Malley's Lumber Company, Petitioner Employer, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Dale F. Case, Respondent Employee. INDUSTRIAL INDEMNITY COMPANY, Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Dale F. Case, Respondent Employee, O'Malley's Lumber Company, Respondent Employer, U.S. Fidelity & Guarantee Company, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department C.

Redesignated as Opinion and Publication Ordered January 3, 1990.

Reconsideration Denied January 3, 1990.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by J. Victor Stoffa, Donald L. Cross, Phoenix, for petitioner carrier and employer.

Anita R. Valainis, Chief Counsel, The Industrial Com'n of Ariz., Phoenix, for respondent.

Delaney & Melkonoff, P.C. by Edgar M. Delaney, Phoenix, for respondent employee.

Junker & Doherty, P.C. by Julie A. Doherty, Phoenix, for respondent employer and carrier.

MEMORANDUM DECISION

GERBER, Judge.

This action involves a dispute between successive workers' compensation carriers of a single employer. The administrative law judge (A.L.J.) concluded that a fall resulting when respondent employee (claimant) stepped backwards off an approximately one foot high platform was a compensable new injury even though a preexisting weakness predisposed him to fall when doing normal weight-bearing activity. The award imposed liability...

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